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(영문) 수원지방법원 2019.08.22 2019노2318

전자금융거래법위반

Text

The prosecutor's appeal is dismissed.

Reasons

1. The summary of the grounds for appeal is unreasonable as the penalty of the lower judgment (three million won of a fine) is too unhued.

2. The crime of this case is deemed to have committed the crime of this case by lending one physical card connected to the account in the name of the defendant to the person in violation of the name of the defendant, and the liability for the crime of lending or transfer of the means of access is not less severe; since the lending or transfer of the means of access constitutes other two crimes, such as Bosing, etc., and there is a high risk of causing an unspecified number of victims to masse. Therefore, it is necessary to strictly punish the crime; and the fact that the physical card lent by the defendant was actually used for the singing crime, and the damage was incurred. However, the court below also

In full view of such circumstances, the first offender who has no record of punishment for the Defendant, the Defendant’s confession, reflects, and commits an offense, and there is no interest that the Defendant acquired by the instant crime, and other various sentencing conditions as shown in the pleadings of the instant case, including the Defendant’s age, career, character and conduct, environment, motive, means and consequence of the instant crime, etc., the sentence of the lower judgment cannot be deemed unfair because it is too unreasonable.

Therefore, the prosecutor's above assertion is not accepted.

3. In conclusion, the prosecutor's appeal is dismissed in accordance with Article 364 (4) of the Criminal Procedure Act as it is without merit. It is so decided as per Disposition.